Client's Acknowledgements. (a) Any material made available by Deswik and any statement made by Deswik in the Proposal is Deswik's own material and information. The Client in entering into this Agreement relied upon its own personal assessment and enquiries with respect to that material, those statements and the Agreement.
(b) The Client acknowledges, before entering into this Agreement, the need for the Client to:
(i) consider the terms of this Agreement; and
(ii) obtain independent legal advice on the meaning of the provisions of this Agreement and their legal or practical effect, including the risks of entering into this Agreement and the parties performing the transactions contemplated by the Proposal.
Client's Acknowledgements. 2.1 Client represents and warrants that all the information and data provided to ULC by Client or on its behalf is complete and accurate and that ULC may rely upon such information when testing, evaluating, investigating, and establishing that Client’s Specified Products are eligible to bear a ULC Field Evaluation Label.
2.2 Client recognizes that each Field Evaluation is unique and that the timing of each investigation will vary depending upon the particular evaluation and the findings. XXX agrees to assign only qualified Gas Field Evaluation Inspectors based on the Gas Field Evaluation Body compliance matrix. Client agrees that ULC, its trustees, affiliates, members, officers, employees, subcontractors, and agents shall have no obligation or liability for any damages, including consequential damages, or for specific performance arising from ULC’s performance, non-performance, or delay in performance under this Agreement.
2.3 Client recognizes that ULC's opinions and findings represent its judgment given with due consideration to the necessary limitations of practical operation in accordance with ULC's objects and purposes.
2.4 ULC does not assume or accept responsibility or liability for any economic loss, personal injury, death, or property damage to Client’s business, personnel, or property in connection with any tests performed at any location by any persons, including without limitation, personnel of ULC, Client or any third party. Under no circumstance will ULC’s total liability under this Agreement exceed the fees paid for the specific Services related to the claim.
2.5 Client agrees to indemnify, defend and hold harmless ULC, and its affiliates and their trustees, members, officers, employees, agents, and subcontractors, against any third party claims, suits, losses, judgments, costs, fines, liabilities, or expenses, including attorneys' fees of counsel of ULC's choosing, arising from or related to any use by the Client of the ULC Field Evaluation Label or arising from any violation by the Client of the terms and conditions of this Agreement, unless due to ULC's sole negligence.
2.6 Client shall provide representatives of ULC as well as any third-party observers accompanying the representatives, free, safe, and secure access to the site to conduct the Services. Client shall ensure that Client and any third party will not attempt to condition the right of ULC’s representatives to obtain free access to any site upon the signing of any agreement, wai...
Client's Acknowledgements. (a) Any material made available by Xxxxxx and any statement made by Xxxxxx in the Proposal is Xxxxxx's own material and information. The Client in entering into this Agreement relied upon its own personal assessment and enquiries with respect to that material, those statements and the Agreement.
(b) The Client acknowledges, before entering into this Agreement, the need for the Client to:
(i) consider the terms of this Agreement; and
(ii) obtain independent legal advice on the meaning of the provisions of this Agreement and their legal or practical effect, including the risks of entering into this Agreement and the parties performing the transactions contemplated by the Proposal.
Client's Acknowledgements. The Client hereby acknowledges and agrees that:—
(a) the Representations and Warranties will be relied upon by PCSL in deciding whether or not to make, as agent for the Client, an Application in respect of a New Issue;
(b) the Representations and Warranties will be relied upon by PCSL and /or a Relevant Person in deciding whether or not to make any allotment of shares in respect of a New Issue in response to the Application made by PCSL as agent for the Client;
(c) any Application made by an unlisted company which does not carry on any business other than dealing in Securities and in respect of which the Client can exercise legal control shall be deemed to be an Application made for the benefit of the Client.
Client's Acknowledgements. The Client hereby further acknowledges that:
Client's Acknowledgements. 6.1. Client acknowledges that:
(a) it has not relied, and will not rely, on any representation or statement made by or on behalf of Zoetis or its employees or agents other than the express provisions of the Agreement and any qualifications in any reports provided by Zoetis to the Client;
(b) there may be an inherent margin of error for each type of genetic testing conducted by Zoetis;
(c) genetic testing can provide only limited information about a condition or an animal, and does not guarantee or rule out the existence of a condition or a characteristic of an animal; and
(d) the accuracy and interpretation of the test results and the information contained in any Reports (as defined in clause 8.2(a)) depends on a variety of factors, including environmental factors, breed of animal being tested and quality of the Sample.
Client's Acknowledgements. 8.1 Client acknowledges that and shall ensure and obtain End Users acknowledgement that:
8.1.1 it is Client’s responsibility to ensure that the ScriptSwitch System and Documentation meet its requirements and Optum does not warrant that it shall be suitable for such requirements;
8.1.2 in the event that Optum provide Pharmacist resource to assist in building or maintaining the Recommendation Profile, the profile will be checked by the Client and that Optum is not responsible for the accuracy of such Recommendation Profile data;
8.1.3 the ScriptSwitch System is in general not error free and that the existence of minor errors shall not by themselves constitute a breach of this Agreement;
8.1.4 Optum is not responsible for the extent of the Recommendation Profile, acceptance of the Recommendations by the End Users, or for the content or use of the Recommendations, whether they contain or are based on the Underlying Drug Data, the Drug Updates, the Profile Updates or otherwise. As such, but at all times subject to Clause 14.1, Optum shall not be liable to the Client or End User in relation to Client’s or End User’s reliance on such Underlying Drug Data, Drug Updates, Profile Updates or Recommendations; and
8.1.5 on the basis of the acknowledgements detailed above, Client shall indemnify and keep indemnified Optum in respect of any loss, damages, costs (including legal costs) expenses, liabilities or injuries suffered or incurred by Optum as a result of any claims, demands, proceedings, judgments or allegations by End Users, patients of End Users or any other third parties whether in contract, tort, (including negligence) breach of statutory duty, restitution or otherwise in respect of the extent of the Recommendation Profile, acceptance of the Recommendations by End Users or for the content or use of Recommendations, or in respect of any claim by an End User in relation to any such reliance on such underlying Drug Data, Drug Updates, Profile Updates or Recommendations.
8.2 For the avoidance of doubt, Client acknowledges and agrees (and will ensure that End Users acknowledge and agree) that:
8.2.1 the ScriptSwitch System is intended for use by healthcare professionals and is provided on the basis that the healthcare professionals retain full and sole responsibility for deciding what treatment to prescribe or dispense for any particular patient and whether particular recommendations are appropriate for a given patient. Without limiting the generality of the foreg...
Client's Acknowledgements. I acknowledge that I am the true beneficiary of the financing and I hereby acknowledge my review and
Client's Acknowledgements. The Client acknowledges that he has signed this agreement with his full competency and according to the legally required descriptions, and that he is not subject to any legitimate or legal prohibition that forbids him from signing and that the information provided to the Company under this agreement and all the other information are correct, reliable and under his full responsibility in all respects.
Client's Acknowledgements. The Client hereby acknowledges and agrees that: —
(a) the Representations and Warranties will be relied upon by MSL in deciding whether or not to make, as agent for the Client, an Application in respect of a New Issue;
(b) the Representations and Warranties will be relied upon by MSL and /or a Relevant Person in deciding whether or not to make any allotment of shares in respect of a New Issue in response to the Application made by MSL as agent for the Client;
(c) any Application made by an unlisted company which does not carry on any business other than dealing in Securities and in respect of which the Client can exercise legal control shall be deemed to be an Application made for the benefit of the Client.
